AB 957, as introduced, Wagner. Postmortem photographs.
Existing law prohibits making a copy, reproduction, or facsimile of a photograph, negative, or print of the body of a deceased person taken by, or for, the coroner at the scene of death, or in the course of a post mortem examination or autopsy, except for use in a criminal proceeding that relates to the death of that person or by order of the court for good cause, as specified. This provision does not apply to making a copy, reproduction, or facsimile for use in the field of forensic pathology, in medical or scientific education or research, or by any law enforcement agency.
This bill would additionally permit a copy, reproduction, or facsimile to be made for deposition discovery in arbitration proceedings, as specified. The bill would exclude from application of this provision the making or dissemination of a copy, reproduction, or facsimile for use in the field of forensic pathology, in medical or scientific education or research, and by a coroner or any law enforcement agency for investigative purposes or identification confirmation. The bill would provide that a coroner is not liable for monetary damages in a civil action for any act, or failure to act, in compliance with these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 129 of the Code of Civil Procedure is
2amended to read:
begin insert(a)end insertbegin insert end insert Notwithstanding any otherbegin delete provision ofend delete law, no copy,
4reproduction, or facsimile of any kind shall be made ofbegin delete anyend deletebegin insert aend insert
5 photograph, negative, or print, including instant photographs and
6video recordings, of the body, or any portion of the body, of a
7deceased person, taken by or for the coroner at the scene of death
8or in the course of a post mortem
examination or autopsybegin delete made begin insert, except as
9by or caused to be made by the coroner, except forend delete
10follows:end insert
11begin insert(1)end insertbegin insert end insertbegin insertForend insert use in a criminal action or proceeding in this state that
12relates to the death of thatbegin delete person, or except asend deletebegin insert person.end insert
13begin insert(2)end insertbegin insert end insertbegin insertAsend insert
a court of this state permits, by order after good cause
14has been shown and after written notification of the request for
15the court order has been served, at least five days before the order
16is made, upon the district attorney of the county in which the post
17mortem examination or autopsy has been madebegin delete or caused to be .
18madeend delete
19(3) For deposition discovery in arbitration proceedings pursuant
20to Section 1283.05.
21begin insert(b)end insertbegin insert end insert This section shall not apply to the makingbegin delete of suchend deletebegin insert
or
22dissemination ofend insert a copy, reproduction, or facsimile for use in the
23field of forensic pathology,begin delete for useend delete in medical or scientific
24education or research, orbegin delete for useend delete bybegin insert a coroner orend insert any law
25enforcement agency inbegin delete this or any other state orend delete the United States
26begin insert for investigative purposes or identification confirmationend insert.
27begin insert(c)end insertbegin insert end insert This section shall apply tobegin delete any suchend deletebegin insert aend insert copy, reproduction,
28or facsimile, and tobegin delete any suchend deletebegin insert aend insert photograph, negative, or print,
29begin delete heretofore or hereafterend deletebegin delete madeend deletebegin insert
regardless of when it was madeend insert.
30(d) A coroner is not liable for monetary damages in a civil action
31for any act, or failure to act, in compliance with this section.
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